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In addition to the foregoing, with regard to all information provided the Chicago Board of Trade, neither eMerge nor the Chicago Board of Trade, their respective officers, directors, members, employees, agents, consultants, and licensors be liable to any user for any inaccurate or incomplete market data or any other market information supplied to user on this site, nor for any delays, interruptions, errors, or omissions in the furnishing thereof, nor for any direct, indirect, or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors or omissions. USER EXPRESSLY ACKNOWLEDGES THAT NEITHER EMERGE NOR THE CHIACGO BOARD OF TRADE MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MARKET DATA INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MARKET DATA INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BOARD OF TRADE, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS AND LICENSORS SHALL HAVE NO LIABILITY FOR ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS OR RECEIPT OR ANY OTHER MISUSE OF MARKET DATA.

EMERGE, AND THE CHICAGO BOARD OF TRADE, THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, AND LICENSORS SHALL NOT BE LIABLE TO VENDOR OR SUBVENDOR FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO , LOSS OF OR DAMAGE TO DATA, LOSS OF BUSINESS, OR LOST PROFITS, ARISING OUT OF THIS AGREEMENT.

ALTHOUGH EMERGE HAS TRIED TO BE AS ACCURATE, COMPLETE, AND CURRENT AS POSSIBLE, EMERGE DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE OR CURRENT. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AMONG OTHER THINGS. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT.

Certain links provided in the Content will take the user to Internet sites that are not under the control of eMerge. eMerge provides these outside links solely as a convenience to its users and the provision of such a link is not en endorsement by eMerge of those sites or of any of the products or services offered therein. eMerge makes no representations whatsoever concerning the content, including sublinks found in, or availability of, those sites.

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Orders placed on our site are encrypted using Secure Server Certificate technology. No order should be entered unless you have established a secure connection with our site. While it is unlikely that information that you have provided through the Internet and intended for our site will be captured by third parties, or fail to arrive at our site, EMERGE HEREBY DISCLAIMS ALL SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH INFORMATION THAT YOU HAVE PROVIDED THROUGH THE INTERNET AND INTENDED FOR OUR SITE BUT IS ACCESSED BY ONE OR MORE THIRD PARTIES, OR FAILS TO ARRIVE AT OUR SITE.

eMerge respects the privacy of the users of this Internet site and personal electronic communication generally. Currently, eMerge does not share your e-mail address or other personal profile information, such as name, or address, with third parties for marketing purposes without your prior consent. eMerge also does not include a functionality allowing third parties to perform "reverse searches" to identify users from e-mail addresses.

Currently, eMerge uses your personal profile information to create personalized content, services, and advertising on or related to eMerge and the total product and services offering eMerge provides to you. eMerge also uses your personal profile information to create aggregate reports. Those reports do not contain any personally identifiable profile information.

A user using this Internet site may provide information regarding the user's preferences. User authorizes eMerge to use such information in connection with any online or off-line offering or any electronic mail offerings by eMerge directed to user. eMerge and its affiliates may use user's e-mail in connection with any such offering or campaign.

Notwithstanding the foregoing and in compliance with applicable laws, eMerge: (a) cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to eMerge on or through this Internet site) or purported unlawful activities of any user, and (b) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, eMerge may be required to disclose personal information. In addition, eMerge may elect to electronically monitor the user submit areas and may disclose any Content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate eMerge; or (iii) to protect the rights or property of eMerge or others.

This site was created and is located and controlled by eMerge, in the State of Florida. The laws of the State of Florida, will govern the content of this site, without giving effect to any of the conflict of law principles thereof.

eMerge reserves the right to withdraw access to the site and revise the products, prices, software, materials, and services described in this Web site, at any time from time to time without notifying you. Any use by you after a change means you have agreed to that change.